Environmental management, concept, types of principles, functions of environmental management. The essence of environmental management

The history of the development of environmental activities in our country can be considered on the basis of an analysis of changes in the environmental management system. In addition, “the environmental problems that have arisen today are a consequence not only of long-term neglect of environmental factors in the development of industry and agriculture.

A big role was played by the “stable idea of the inexhaustibility of nature”*(27), which, in turn, led to deformation of planning, reliance on extractive forms of the economy without taking into account the need to restore and protect natural resources in order to ensure the future environmental safety of society, the implementation of environmental human and civil rights.

In science, public administration is understood as a certain type of activity performed in the interests of achieving socially significant goals * (28).

Public administration is determined by the following characteristics:

This is an executive-administrative activity. Its main focus is execution, i.e. implementation of laws and regulations. This goal is achieved by using the necessary legal powers;

This is the prerogative of special entities, generally referred to as executive and administrative bodies state power or government bodies;

This is a subordinate activity carried out “on the basis and in pursuance of the law”; it is secondary in relation to legislative activity * (29).

Problems of legal regulation of issues in the field of environmental management, i.e. ": the creation and functioning of executive authorities and other entities authorized to exercise control and supervision, information support, issuing permits, issuing orders, etc.:" * (30), has always been relevant in our country. According to most authors, both in Russia and abroad, the degree of bureaucratization of the state apparatus determines the possibility of implementing plans, the degree of freedom when making decisions on the implementation of environmental, economic and other activities * (31).

Depending on the legal status The entities carrying out environmental management can be identified as state, departmental (industry), municipal, industrial and public management. This topic highlights aspects related to the legal regulation of public administration in the field of environmental protection, problems of implementation by specially authorized state bodies and officials of state environmental policy, which is carried out in accordance with current legislation, concepts and strategies.

State management of natural resources and environmental protection is based on a number of specific principles: legality of management; an integrated (comprehensive) approach to solving issues of environmental management and environmental protection; combinations of organization of both basin and administrative-territorial management; separation of economic, operational and control and supervisory functions when organizing the activities of specially authorized state bodies; the most effective implementation of the requirements of environmental legislation within the framework of real economic opportunities. IN educational literature State environmental management is considered both through the system (set) of bodies that implement it, taking into account the analysis of the functions assigned to these bodies, and with the help of those methods, methods and legal instruments that are used to implement the functions.

Management functions are defined as enshrined in legislative and other regulatory legal acts direction of activity of a subject or group of subjects of environmental management in organizing environmental protection and use of natural resources. For example, in the previously valid Art. 51 of the Forest Code of the Russian Federation stated that state forest management can be carried out both directly by the Government of the Russian Federation and through federal executive authorities specially authorized by it, and in Art. 53, the concept of a federal forestry management body was introduced as a specially authorized state management body in the field of use, conservation, protection and reproduction of natural resources in the areas of public administration entrusted to it by the Government of the Russian Federation. At the same time, it was established that this state body exercises the powers assigned to it directly and through its territorial bodies (forestry management bodies in the constituent entities of the Federation and forestry enterprises). Also in the previously existing Art. 53 of the Forest Code of the Russian Federation determined the rights of the federal forestry management body to create subordinate specialized organizations (for aviation protection of forests from fires, control of forest pests and diseases), forest management organizations * (32). IN this moment Forest protection is carried out on the basis of Art. 51, 81-84 of the new Forest Code of the Russian Federation by authorities, bodies local government within the limits of their powers.

In general, in environmental legal literature, according to their content, the functions of state environmental management are divided, as a rule, into two groups. The first includes rule-making, licensing, coordination, control functions, as well as planning, information support of other government bodies, all interested parties, ensuring compliance with legislation, including in cases established by law * (33), by bringing those responsible to justice and applying sanctions. The second group includes: establishing and collecting fees for the negative impact on environment(“legal pollution” of the environment and waste disposal within established limits and above limits) * (34), establishment of quotas and limits on the use of natural resources, granting and termination of the right to use natural resources * (35).

Thus, as many authors note, the issue of the functions of environmental management is truly complex from the point of view of legal regulation and quite difficult in terms of forming a unified approach to solving it. For example, O.L. Dubovik asks: “: what is environmental assessment - a separate management function, a legal instrument (means) for preventing negative impacts on the environment, an independent institution of environmental law, a legal means (method) of control carried out at an early stage? * (36) Are environmental insurance and environmental audit of management functions or economic and legal instruments used for environmental protection?"*(37). Therefore, most authors (M.M. Brinchuk, O.L. Dubovik, O.S. Kolbasov, etc.) propose to distinguish the functions of state environmental management using such formal characteristics as: belonging of the subject of management to the system of public authority; designation of the subject of management in legal acts regulating its powers as an authorized person in the field of environmental management and environmental protection * (38) or by indicating specific management tasks; carrying out management functions on behalf of the state; endowing the management entity with appropriate legal means to carry out the function (the right to establish prohibitions, restrictions, apply sanctions, issue permits, etc.). Based on these characteristics, the functions respectively include: determining strategy (adopting state concepts, doctrines) and planning (federal and regional target programs); accounting of natural resources and monitoring the state of the environment (monitoring, maintaining inventories); distribution and redistribution of natural resources between users; spatial and territorial structure of natural resources (geological study of subsoil, forest management, etc.); permitting system (providing natural resources for use by issuing permits and licenses, including in terms of negative impact on the environment); rulemaking; control and supervision; resolution of disputes (except for jurisdictional ones).

Methods of state environmental management include both actual management in the form of mandatory regulations, prohibitions (for example, an order provided by the possibility of state coercion), and economic (creating material interest in proper environmental behavior), ideological (agitation, upbringing, education, etc. .) in the form of recommendations, authorization, permission, approval. The principles of state environmental management are accordingly, on the one hand, integral part general environmental principles, on the other - a subsystem of management principles as a whole. Therefore, all authors without exception admit that changes in the structures, tasks, functions and powers of state environmental management bodies as a result of organizational and legal reform are the most controversial and most difficult to objectively assess. For example, in the Russian Federation, the basis for the activities of state management bodies for environmental management and environmental protection is the Constitution of the Russian Federation (Articles 9, 10, 36, 42, 58, 71, 72, 76-78), which regulates two main issues: rights and obligations citizens on environmental protection and the form of state participation in this area.

The role of public administration is determined by the status of government bodies, which, unlike citizens and business entities, have special legal and administrative means to ensure the implementation of environmental requirements of legislation, having the ability to resort to government coercion if necessary. In the legal literature, bodies carrying out state environmental management are traditionally divided by status into bodies of general competence (the President of the Russian Federation, the Government of the Russian Federation, governments (administrations) of the constituent entities of the Federation), specially authorized bodies in the field of environmental protection and other bodies (including coordination ones) , and in terms of the scale of activity - federal and regional. A number of functions of state environmental management, in accordance with current legislation, fall under the competence of local government bodies * (39). This division is also applicable to the system of state environmental management bodies currently existing in the Russian Federation. For example, Art. 18 of the Federal Constitutional Law “On the Government of the Russian Federation” * (40) its powers in the field of natural resource management and environmental protection include: ensuring the implementation of a unified state policy in the field of environmental protection and ensuring environmental safety; taking measures to realize the rights of citizens to a favorable environment and to ensure environmental well-being; organization of activities for protection and rational use natural resources, regulation of environmental management and development of the mineral resource base, as well as coordination of activities to prevent natural disasters, accidents and catastrophes, reduce their danger and eliminate their consequences.

Therefore, it is possible in different ways (including from the point of view of combining in one body the powers to manage state property, provide public services, individual economic functions and control and supervisory powers * (41)) consider numerous changes in the system of bodies implementing state environmental management occurring in modern Russia, which will not least depend on the personal view of this problem of each specific author of any scientific research * (42). However, it is worth recognizing that optimal solution This problem, even from a formal legal point of view, has not been found to date.

The top link of the environmental management system consists of the highest government bodies of Russia. These include the President of the Russian Federation and the Government of the Russian Federation, the Federal Assembly. These are bodies of general competence. Bodies of general competence also include bodies of representative and executive power of the constituent entities of the Federation and local government bodies.

The activities of the state apparatus in the field of ecology are carried out in the following forms: law-making, executive, law enforcement.

Competence of the highest legislative bodies in the field of environmental protection natural environment and ensuring environmental safety is determined by the Law of the Russian Federation "On the Protection of the Natural Environment" (Article 5), the powers of the Government of the Russian Federation - by the Federal Constitutional Laws of December 17, 1997 and of December 31, 1997. Powers of the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, bodies of state power of the Russian Federation, bodies of state power of the constituent entities of the Federation, bodies of local self-government - by the Constitution of the Russian Federation.

The organization and implementation of the main law-making functions in the field of environmental safety are entrusted by the Federation Council to the Committee on Science, Culture, Education, Health and Ecology, the Committee on Northern Affairs and Minority Peoples, the Committee on Agrarian Policy, in the State Duma - on the Committee on Ecology, the Committee on natural resources and environmental management, Committee on Agrarian Issues.

The guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms, including environmental rights, is the President of the Russian Federation. The activities of the President are manifested in the reorganization of government bodies and control over environmental protection * (43). With the active participation of the President of the Russian Federation, a large group of environmental legislation has been developed, which quite fully expresses the interests of the population in protecting the health and quality of the natural environment.

One of the powers of the President of the Russian Federation is the right to form and head the Security Council (clause “g” of Article 83 of the Constitution of the Russian Federation). In accordance with Art. 13 of the Law "On Security", art. 1 of the Regulations on the Security Council of the Russian Federation (approved by Decree of the President of the Russian Federation of August 2, 1999 N 949) The Security Council is a constitutional body that prepares decisions of the President of the Russian Federation on issues of ensuring the protection of the vital interests of the individual, society and the state from internal and external threats, carrying out unified security policy. The regulations on the apparatus and scientific council of the Security Council of the Russian Federation were approved by decrees of the President of the Russian Federation of March 28, 1998 N 294 (as amended on March 15, 1999) and of September 29, 1999 N 1317, respectively. The apparatus includes a department for environmental safety and public health protection.

N 1037 approved the regulations on the Interdepartmental Commission of the Security Council of the Russian Federation on environmental safety. The Interdepartmental Commission of the Security Council of the Russian Federation on Environmental Safety was formed in accordance with the Law of the Russian Federation “On Security” and the Regulations on the Security Council of the Russian Federation. The Commission was created in order to implement the tasks assigned to the Security Council of the Russian Federation (hereinafter referred to as the Security Council) in the field of ensuring the environmental safety of the Russian Federation.

The legal basis for the Commission's activities is the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, the Regulations on the Security Council of the Russian Federation, as well as the regulations on the Interdepartmental Commission of the Security Council of the Russian Federation on environmental safety.

The Commission is entrusted with the following functions:

Preparation of proposals to the Security Council on the development and implementation of the main directions of internal and foreign policy of the Russian Federation in the field of ensuring the environmental safety of the state;

Assessment of internal and external environmental threats to the vital interests of the individual, society and state;

Assessment of existing and forecasting potential sources of environmental hazard;

Preparation of proposals to the Security Council on decisions environmental problems related to the protection of public health, ensuring environmental safety in industry, transport, agriculture and other sectors of the economy, with the destruction of chemical, nuclear and other types of weapons in accordance with international treaties of the Russian Federation, as well as with the elimination of zones of environmental disaster or trouble on the territory of the Russian Federation;

Consideration in in the prescribed manner projects of federal target programs aimed at ensuring the environmental safety of the Russian Federation, assessing their effectiveness, preparing relevant proposals;

Analysis of information on the state of environmental safety of the Russian Federation, development of appropriate recommendations;

Preparation of proposals for draft decisions of the Security Council and information and analytical materials for its meetings on issues of ensuring the environmental safety of the Russian Federation;

Preparation of proposals to the Security Council for the development of draft regulatory legal acts aimed at ensuring the environmental safety of the Russian Federation;

Participation in the preparation of materials on issues of ensuring the environmental safety of the Russian Federation for the annual messages of the President of the Russian Federation to the Federal Assembly and for reports of the President of the Russian Federation;

Conducting, on behalf of the Security Council, an examination of draft decisions of federal government bodies and government bodies of the constituent entities of the Federation on issues related to environmental safety.

The Federal Assembly, legislative (representative) bodies of the subjects of the Federation, the Government of the Russian Federation and federal executive bodies, executive bodies of the subjects of the Federation, local governments perform a legislative function. Federal executive authorities exercising powers in the field of environmental safety are primarily the Government of the Russian Federation, ministries, state committees, federal services, agencies, federal supervision, as well as commissions and councils under the Government of the Russian Federation. The competence of specially authorized state bodies in the field of environmental protection is determined by the Law of the Russian Federation “On the Protection of the Natural Environment” (Article 7) and decrees of the Government of the Russian Federation.

According to Art. 114 of the Constitution of the Russian Federation The Government of the Russian Federation ensures the implementation of a unified state policy in the field of ecology. By Order of the Government of the Russian Federation dated April 26, 2004 N 520-r, a Department was established in the Office of the Government of the Russian Federation social development and environmental protection.

A permanent body of the Government of the Russian Federation is the Government Commission for Natural Resources Management and Environmental Protection (the regulations of which were approved by Decree of the Government of the Russian Federation of February 17, 2000 N 138).

The main tasks of the Commission are:

1) consideration of issues of the formation and implementation of state policy in the field of study, reproduction, use and protection of natural resources, conservation of biological diversity, ensuring environmental safety, development and implementation of a strategy for the sustainable development of the country;

2) consideration of proposals on environmental, social and economic problems related to the use of natural resources of the Caspian Sea and changes in its level, and coordination of the activities of federal executive authorities and executive authorities of the constituent entities of the Federation in this area;

3) consideration of proposals from federal executive authorities and executive authorities of constituent entities of the Federation to improve the public administration system and develop federal relations in the field of natural resource management and environmental protection, priority areas of research and development work, the creation of new equipment and advanced technologies in this area, as well as draft programs for the study, reproduction, use, protection of natural resources and protection of the natural environment;

4) development of effective measures to ensure state control and regulation in the field of use and protection of living resources of internal sea waters, territorial sea, continental shelf and exclusive economic zone of the Russian Federation, the Caspian and Azov seas(hereinafter referred to as living resources) and sales of marine fisheries products;

5) coordinating the activities of interested federal executive authorities on issues of combating violations in the field of use of living resources, uncontrolled export and illegal sale of marine fisheries products and ensuring interaction with the relevant executive authorities of the constituent entities of the Federation in this area;

6) organization of preparation and implementation of comprehensive measures to prevent illegal actions in the use of living resources and the sale of marine fisheries products;

7) consideration and submission to the Government of the Russian Federation of proposals on improving legislative and other regulatory legal acts in the field of study, reproduction, use and protection of natural resources, as well as protection of the natural environment;

8) consideration of issues related to the participation of the Russian Federation in the activities of UN bodies and specialized agencies, other international organizations, as well as the execution international programs and conventions in force in the field of environmental management and environmental protection;

9) coordination of the activities of federal executive authorities and executive authorities of the constituent entities of the Federation in joint implementation of activities in the field of study, reproduction, use and protection of natural resources, protection of the natural environment, fulfillment of the obligations of the Russian Federation arising from international treaties and agreements on the use of natural resources and environmental protection;

10) control over the implementation of decisions of the Government of the Russian Federation on issues within the jurisdiction of the Commission.

The decisions of the Commission, adopted in accordance with its competence, are binding on the federal executive authorities of the constituent entities of the Federation.

In the expert system public services, consisting of bodies of comprehensive, specialized and industry expertise, the most important place is occupied by the Expert Council under the Government of the Russian Federation (the regulation on it was approved by Resolution of the Council of Ministers - Government of the Russian Federation of July 22, 1993 N 693). The Council includes heads of a number of ministries and departments, major institutions and organizations, bankers, lawyers, and environmentalists. The operational work of the Expert Council is ensured by its secretariat, which is a division of the apparatus of the Government of the Russian Federation. The Secretariat forms the compositions expert commissions, prepares draft decisions of the Council.

The main task of the Expert Council is to carry out a comprehensive examination of major socio-economic, scientific, technical, investment programs and projects, sectoral and territorial schemes for the development and deployment of productive forces of the Russian Federation, feasibility studies and business plans. In 1996, the recommendations of the Expert Council formed the basis for 11 government decisions on a number of federal programs, including: “Creation automated system maintaining the state land cadastre", "Internal waterways Russia", "Improving road safety in Russia", "Waste".

The coordination and advisory bodies established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation of May 30, 1997 N 652, as amended and supplemented) include the Government Commission for the Selection of Areas for the Location of Chemical Weapons Destruction Facilities, the Interdepartmental Commission on Aviation Safety, Government Commission on fire safety, Sanitary and Epidemiological Commission of the Government of the Russian Federation, Council on Agrarian Policy under the Government of the Russian Federation.

The powers of government bodies of the Russian Federation in the field of relations related to environmental protection include:

Ensuring the implementation of federal policy in the field of environmental development of the Russian Federation;

Development and publication of federal laws and other regulatory legal acts in the field of environmental protection and control over their application;

Development, approval and ensuring the implementation of federal programs in the field of environmental development of the Russian Federation;

Declaration and establishment of the legal status and regime of environmental disaster zones on the territory of the Russian Federation;

Coordination and implementation of environmental protection measures in environmental disaster zones;

Establishment of the procedure for state environmental monitoring (state environmental monitoring), formation state system monitoring the state of the environment and ensuring the functioning of such a system;

Establishing a procedure for exercising state control in the field of environmental protection, including at facilities of economic and other activities, regardless of the form of ownership, under the jurisdiction of the Russian Federation, facilities that contribute to transboundary environmental pollution and have a negative impact on the environment within the territories of two and more subjects of the Federation (federal state environmental control);

Establishment of federal executive bodies exercising public administration in the field of environmental protection;

Ensuring environmental protection, including the marine environment on the continental shelf and in the exclusive economic zone of the Russian Federation;

Establishment of procedures for handling radioactive waste and hazardous waste, control over ensuring radiation safety;

Preparation and distribution of the annual state report on the state and protection of the environment;

Establishment of requirements in the field of environmental protection, development and approval of standards, state standards and others regulatory documents in the field of environmental protection;

Establishing a procedure for determining the amount of payment for emissions and discharges of pollutants into the environment, waste disposal and other types of negative impact on the environment;

Organization and conduct of state environmental assessment;

Interaction with constituent entities of the Federation on environmental issues;

Establishing a procedure for limiting, suspending and prohibiting economic and other activities carried out in violation of legislation in the field of environmental protection, and their implementation;

Filing claims for compensation for environmental damage caused as a result of violation of environmental legislation;

Organization and development of the environmental education system, formation of environmental culture;

Providing the population with reliable information about the state of the environment;

Formation of specially protected natural areas of federal significance, natural world heritage sites, management of natural reserves, maintaining the Red Book of the Russian Federation;

Maintaining state records of objects that have a negative impact on the environment and their classification depending on the level and volume of negative impact on the environment;

Maintaining state records of specially protected natural areas, including natural complexes and objects, as well as natural resources, taking into account their environmental significance;

Economic assessment of the impact of economic and other activities on the environment;

Economic assessment of natural and natural-anthropogenic objects;

Establishment of licensing procedure individual species activities in the field of environmental protection and its implementation;

Implementation of international cooperation of the Russian Federation in the field of environmental protection;

Implementation of other provided federal laws and other regulatory legal acts of the Russian Federation of powers.

Russia is a federal state, which includes subjects of the Federation that are heterogeneous in terms of natural and geographical features, the presence of natural resources and objects of negative impact on the environment in their territories. Subjects of the Federation carry out their own legal regulation nature management and environmental protection, taking into account political, socio-economic, natural-climatic, environmental, historical and other characteristics of the regions. Last changes in environmental management are associated with the problem of delimitation of powers in this area. Based on this, ensuring interaction between the Russian Federation and its constituent entities on issues in the field of environmental protection and natural resource management is one of the most important tasks. Environmental legislation is a combination of federal and regional legislation.

REGULATIONS ON LICENSING ACTIVITIES RELATED TO EMPLOYMENT OF CITIZENS OF THE RUSSIAN FEDERATION OUTSIDE THE RUSSIAN FEDERATION

Environmental management(public administration in the field of environmental protection, environmental management) means the implementation by authorized bodies and officials of environmental policy pursued in accordance with current legislation. TO forms of environmental management, its external manifestations include: acts of management, administrative agreements, material and technical actions carried out in socio-economic, administrative-political and socio-cultural directions.

Control system in the field of environmental protection is a set of organizational forms endowed with certain competence in the field of environmental protection. This system consists of two levels - general management and special management. The first group includes bodies and officials with general legal competence, for which environmental management is only one of their management functions. These include: the President of the Russian Federation, the Government of the Russian Federation, executive authorities of the constituent entities of Russia and municipal authorities.

A special subsystem of environmental management bodies has more complex structure and performs various functions. This includes environmental ministries (Ministry of Natural Resources of the Russian Federation), state committees ( State Committee of the Russian Federation for Fisheries), federal services (Federal Land Cadastre Service of Russia), federal agencies (Federal Agency water resources Russian Federation), operational investigative bodies in the field of ensuring environmental safety (environmental police) and a number of others.

To specific environmental management functions include the following:

· Environmental monitoring– set organizational structures, methods, methods and techniques for monitoring the state of the environment, changes occurring in it, their consequences, as well as activities, production and other facilities potentially hazardous to the environment, human health and the controlled territory.

· Maintaining inventories. Inventories are one of the sources of information and represent a systematized set of information about the qualitative and quantitative state of natural resources, their economic, environmental assessment and social significance, as well as the composition and categories of users. Inventories serve as the basis for planning and information support for the use and protection of the environment. All cadastres (forest, land, water, etc.) have state status.

· Registration. Registration activities are of great importance in the performance of control and supervisory functions by government agencies. Registration is the entry into a single form of an official document (register, registry, catalog, list, balance sheet) of information about a particular environmental resource, source or means of impact on the environment. Registration can be mandatory or voluntary.

· Declaration. Declarations - ϶ᴛᴏ the new kind ensuring environmental safety. In the declaration, the subject himself determines the indicators and parameters of his activities and thereby imposes obligations on himself to comply with them. In addition to declarations, Russian legislation uses notifications, meaning mandatory notification of completed or approval of planned actions, and confirmation, implying the provision of information about immutability production process, raw materials used, etc.

· Environmental certification. An enterprise’s environmental passport is a special mandatory document that contains systematized information about natural objects owned or used, about their condition, types of impact and protection measures.

· State Environmental Expertise. Environmental assessment verifies compliance with the planned economic activity environmental requirements and determines the admissibility of the implementation of a production facility in order to prevent possible negative impacts.

· Environmental control– checking compliance by business entities with the requirements of environmental legislation.

· Environmental licensing. A license is an official document that authorizes a specific person to carry out a specified type of activity for a specified period.

· Environmental regulation. One of the most complex and rapidly developing environmental protection tools. The standards are intended to determine the maximum permissibility harmful effects, limits on the use of natural resources, etc.

· Environmental standardization– activities to establish rules and characteristics for the purpose of their voluntary repeated use, aimed at achieving order in the areas of production and circulation of products and increasing the competitiveness of products, works, services.

· Environmental certification– specialized activities to confirm compliance of finished products with requirements technical regulations, standards, contracts.

Environmental management: essence, functions, methods and principles

Environmental management– this is a set of actions carried out by public authorities and other authorized entities to organize and control, streamline and supervise environmentally significant behavior of people, and compliance with the requirements of environmental legislation.

Depending on the status of the entities carrying out environmental management, several types are distinguished: state; departmental (industry); production; public

Each type has specific methods, methods, and tasks.

The most important thing in our country is state environmental management.

Public administration in the field of environmental protection means the implementation by all authorized bodies and persons within their competence of environmental policy, which is carried out in accordance with current legislation, concepts and strategies adopted in the prescribed manner.

Forms of environmental management: acts of management, administrative agreements, material and technical actions, implemented in three main directions - socio-economic, administrative-political and socio-cultural.

Control function– the direction of activity of a subject or group of subjects of environmental management in organizing environmental protection and the use of natural resources, enshrined in legislative and other regulatory legal acts.

Functions of state environmental management allocated, taking into account following signs: – belonging of the subject of management to the system of public authority;

– designation of the subject of management in acts regulating its powers as an authorized person in the field of environmental management and environmental protection or by indicating specific management tasks;

– implementation of management functions on behalf of the state;

– endowing the subject of management with appropriate legal means to carry out the function (the right to establish prohibitions, restrictions, apply sanctions, give permissions, determine the conditions of activity, give binding guidelines, etc.).

Environmental management functions:

– strategy definition and planning;

– accounting of natural resources and monitoring of the state of the environment (carried out in the form of monitoring and maintaining inventories);

– distribution and redistribution of natural resources between users;

– spatial and territorial structure of natural resources;

– licensing system (issuance of permits, licenses to use natural resources and impact on the environment);

– rule-making;

– control and supervision;

– resolution of disputes (except those under jurisdiction).

Methods of public administration in the field of environmental protection can be divided into administrative (managerial), economic, ideological (upbringing, education, agitation, etc.).

Principles of environmental management are an integral part of general environmental principles, as well as a subsystem of management principles as a whole. These are the initial provisions on the basis of which the entire system of governing bodies is built, powers are distributed, goals and objectives are formulated, and the means used by governing bodies are determined.

26.10.2011.

Environmental rights and obligations of public legal entities

Environmental rights of public organizations and Yu.L.

Article 12 Z. EPA lists a number of rights, including those of public environmental organizations and associations. The main statutory purpose of their activities should be environmental protection. There is a right to conduct a public environmental assessment. It is not carried out by a scientific organization, but public organization. They are given the right to go to court with the protection of an indefinite number of persons.

The responsibilities of such associations are also formulated.

Commercial organizations are organizations that carry out economic activities that have an impact on the environment.

There is such a right to have a negative impact on the environment, because... no production activity is possible without impact on the environment.

This right is subject to a mandatory set of conditions and a number of requirements: compliance with regulations, obtaining a permit, and registration of environmental impact.

We are talking about the Russian Federation, its constituent entities and municipalities.

The ecological function is always listed among the functions of a modern state.

We are talking about the powers that are exercised by the branches of government in the field of environmental protection. These powers are very varied. They can be considered both as rights and duties of the state.

The powers are defined in the Constitution - Articles 71 and 72. Article 71 - issues of the exclusive jurisdiction of the Russian Federation. These include issues of protecting natural resources, the continental shelf, and the adoption of environmental programs.

Article 72 is a subject of joint jurisdiction of the Russian Federation and its constituent entities.

Environmental Protection Law - Art. 5, 6,7,8, 9, 10.

Article 5 - the law of the Russian Federation as a public legal entity.

Article 6 - subjects of the Russian Federation.

Article 7 - delimitation of jurisdiction.

Also, the powers are enshrined in the Land Code, the VC, and the GRK.

The powers of LSG are enshrined in Art. 14, 15, 16 of the Law on the general principles of organizing local self-government.

LSG has the obligation to maintain the Red Book, which should not be in conflict with the International Red Book.

Environmental management is management of the environment.

It is worth remembering the concept of the ecological environment - a set of natural objects, natural and anthropogenic objects.

Natural components medium - air, land, animals - Part 1 of Art. 4 laws on environmental protection.

This activity is multi-subject and multi-functional.

Depending on the types of management, the subjects by whom management is carried out are distinguished:

1) Public administration at the federal and regional levels - executive authorities

2) Municipal management - bodies MSU

3) Departmental management - individual ministries and departments. For example, the Moscow Region is the largest user of natural resources. A similar example can be given about Federal agency in railway transport - large users of natural resources.

4) Production management or intra-production management is carried out by business entities. This is environmental management of enterprises.

5) Environmental management

The most significant is public administration. Because most fully settled.

Public administration is built on a number of principles:

1) Principle of legality

2) The principle of taking into account and combining the economic and environmental interests of society. The environmental interest of society is the same economic interest.

When characterizing environmental activities, public interest is not always taken into account. But the public often does not have the proper level of culture.

3) Responsibility of state authorities and local self-government for the state of the environment in the relevant territory

4) The principle of separation of economic functions, control functions and management functions - for example, is formulated in the Forestry Code.

During the Soviet period, many ministries and departments exercised state control and at the same time acted as subjects of economic activity.
Forestry enterprises were liquidated. During the fires of 2010, there was a lack of such bodies with control and supervisory functions. One of the reasons for what happened was the ill-conceived decisions of previous years. They began to recreate grassroots management structures that combine economic and management functions.

5) The principle of delimitation of powers and subjects of jurisdiction between federal authorities and authorities of the constituent entities of the Russian Federation.

All natural resource legislation is under joint jurisdiction, and the exclusive economic zone is under the jurisdiction of the Russian Federation.

There is federal ownership of natural resources, property of constituent entities and municipal property (for example, individual forest areas, water areas, land. Subsoil cannot be owned municipalities, as well as subsoil). Water bodies are territorial waters, reservoirs are the property of the Russian Federation.

Forests of the state forest fund are federal property.

Control methods:

1) Administrative

Regulation through taxes, tax breaks, tax payments, provision of subventions, subsidies

2) Economic

3) Ideological - upbringing and education.

These functions are carried out both at municipal and departmental management.

The doctrine identifies such functions as planning at different levels (adopting plans, programs), state accounting in the field of environmental protection, state and other environmental monitoring of the state of the environment, collecting and providing information on the state of the environment, environmental regulation: establishing standards, standards in the field of environmental protection, environmental control and supervision, environmental assessment and EIA (environmental impact assessment), environmental licensing: provision of licenses, permits, environmental certification, maintaining the Red Book of the Russian Federation, constituent entities of the Russian Federation, creation and maintenance of the functioning of specially protected natural territories: nature reserves, sanctuaries, natural monuments, botanical gardens. The possibility of private specially protected natural areas is not provided for.

The possibility of adopting federal target programs and international programs is provided. They are reflected in the Federal Law on the federal budget. Programs can also be accepted in regions - for example, in Moscow there is a withdrawal program industrial enterprises from the central part of Moscow, reconstruction of such enterprises. There are programs related to the protection of specially protected natural areas. Such programs are also reflected in the Moscow city budget. Programs are not legal acts, but they are approved by legislative bodies or executive authorities. There are municipal programs and intermunicipal programs.

Environmental accounting:

1) Taking into account the negative impact on the environment

There is an accounting of the negative impact on atmospheric air. Stationary records are maintained federal service on supervision in the field of environmental management.

If permission to carry out emissions is not obtained, then this is an administrative offense.

2) Accounting for the natural resources themselves

There is a register, a registry and a cadastre. Register of radioactive materials, cadastre of nuclear waste storage facilities, register of radioactive waste.

A radioactive waste disposal program has been adopted. There are other forms of accounting for such waste.

Non-radioactive waste: maintaining a waste inventory and maintaining an inventory of waste disposal sites. Hazardous chemical and biological substances are also subject to registration; a state catalog of substances is maintained - the Federal Law on the safe handling of pesticides and agrochemicals.

Rostechnadzor and Rosatom maintain such records.

For example, registration of forests is carried out within the framework of the state forest register, registration of wildlife objects is the state cadastre of fauna objects, land - the state real estate cadastre, and for subsurface resources - the state cadastre of deposits and occurrences of minerals. There is a state cadastre of specially protected natural areas.

There are a number of by-laws that regulate the maintenance of state cadastres and how information is provided from them to interested parties.

Environmental monitoring or environmental monitoring.

There are state and non-state, and there is international (global). Roshydromet is engaged in monitoring. Assistance in the implementation of this function is provided by the state authorities of the constituent entities.

Art. 1 of the Law on Environmental Protection and Art. 69 of the Law on Environmental Protection.

Observation, collection, processing of information - tracking dynamics, providing information to citizens, legal entity. and other interested parties.

Environmental control and environmental assessment are carried out.

There is a World Meteorological Organization under the UN that provides information on the state of the environment.

Environmental impact monitoring.

It is important to carry out environmental monitoring at other hazardous production facilities with constant monitoring. In Moscow there is a monitoring system - a system of cameras that determine that an emission has occurred.

Monitoring of specific hazardous production facilities is required.

Provision of information

We talked about this function in the context of citizens' rights. There is a duty of government authorities

The authorities must provide such information. Such information is provided either for a fee or free of charge. This is regulated by the Decree on the procedure for providing information on the state of the environment. You can see on which day there were which emissions, for example, by district of Moscow. In the West, such information is published in the press. This is not very common here. Refusal to provide such information is often argued as a trade secret.

It is important to understand when such an obligation arises for government agencies.

Regarding the information function, there is such a form as the preparation of an annual state report on the state of the environment. This is very solid research. It gives a complete picture of the state of the environment by region, by industry, and by dynamics. But this report comes out with a delay of a year and a half.

Standardization of environmental impact

This is the establishment of those permissible limits within which it is possible to establish an impact on the environment. There are standards for environmental quality, standards for permissible impact on the environment, standards for permissible removal of components of the natural environment, standards for permissible anthropogenic load on the environment.

Environmental quality standards: there are maximum permissible concentrations of various components of the aquatic environment.

There are sanitary and hygienic MPCs (for humans) and there are fishery MPCs (for aquatic biological resources).

MPC sanitary and hygienic standards are established for natural water bodies(there will be different ones for drinking purposes of water bodies, etc.), for atmospheric air, for soils.

There are MPCs for specific types materials, compounds (for example, for powders). They were installed in the USSR and are still in operation.

Maximum permissible environmental impacts: MPD (discharges), MPE (emissions), MPL (impact levels). When carrying out emissions and discharges, maximum permissible concentrations may be provided. Most of our enterprises do not reach the levels of maximum permissible value and maximum permissible value. For such enterprises, temporarily agreed upon emissions and discharges of pollutants into the environment (VSV, VSS) are established - art. 45, 56 of the Law on Environmental Protection.

Enterprises take water from a water body and the water there is already polluted. When water is discharged, it must comply with the maximum permissible concentration. This is one of the flaws of rationing.

Standards for the removal of components of the natural environment.

There are standards for land allocation for various purposes.

The standards should be based on scientific justification and economic need.

The following standards are established for hunting.

For fish, such a norm is provided as the total allowable catches for various types catch.

MPCs are established by federal executive authorities, and subjects can set their own MPCs only if they are more stringent than federal MPCs. Anthropogenic load standards.

There are town planning standards. But for some reason they are not approved. A standard is the limit of legally acceptable and unacceptable behavior.

If the standard is not followed, the violation will constitute an offense. Or there will be increased fees for environmental impact.

Other functions include environmental assessment, environmental control and supervision.